摘要
近年来,网络购物发展迅速,各种网购纠纷随之而来。各方对网购"错价门"纠纷的责任承担问题争论不断。本文从网购合同的成立要件、电子错误对合同效力的影响、合同撤销权的适用等方面分析网购"错价门"事件的各方责任承担。在现有法律框架下,结合意思表示的相关理论与台湾地区的司法实务观点对这个问题加以探讨。
online shopping has been enjoying a booming development, however, disputes in the process of online shopping happened frequently. Which party should bear the responsibility in the incidents of ‘Mislabeling Price Scandal’ still remains unsettled. Based on the analysis of elements required of purchase and sale contracts, the effect of electronic error, application of contract revocation, the paper will discuss the liability bearing between the seller and buyer. The theory of intention and the solution accepted by courts in Taiwan will be discussed. As conclusion, the paper proposed a proper solution on the responsibility bearing in such incidents.
出处
《北京政法职业学院学报》
2014年第4期47-52,共6页
Journal of Beijing College of Politics and Law
关键词
网购合同
意思表示错误
合同撤销权
信赖利益保护
online purchase and sale contract
mistake of expression of intention
right of contract revocation
protection of reliance interest
